Effective: October 05, 2023
Pivotal Aero, LLC ("Company", "we", "us", or "our") operates https://pivotal.aero (the "Site"). These Website Terms of Use ("Terms") apply to the Site and any of our web pages entered via tabs or portals accessible via third-party social sharing sites like Facebook® (collectively with pivotal.aero, the "Site"). These Terms do not apply offline and do not alter the terms of any other agreement that you may have with us. Your access to and use of the Site reflects your agreement to be bound by these Terms. We reserve the right to change these Terms from time to time, and at any time, without prior notice. By using the Site following any changes to these Terms, you agree to be bound by any such changes to these Terms.
We also reserve the right to impose separate terms on, and require users of, our aircrafts to enter into separate agreements with us as a condition to accessing and/or purchasing the aircraft. These Terms have no effect on and do not modify those separate agreements which shall govern all access to our products.
1. Use of Site Content
The Site may be used only for your personal, internal business or information purposes of a non-commercial nature. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site without our prior written permission.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material on the Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the material from the Site solely for your own internal, noncommercial, lawful use. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof (including systems and software used to operate the Site), or (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems or social media or mobile platforms through the Site. You agree that you will not use the Site in any manner that could violate applicable laws or damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Use of the Site as made available through a third-party social sharing platform, meaning our pages on that platform, is also subject to the platform's applicable terms and conditions.
2. Unsolicited Submissions
Any information, remarks, suggestions, ideas, graphics or material you submit to us regarding the Site or our products, or your use of or experience with the Site in any manner, written or oral or digital, or otherwise ("Unsolicited Submission"), is non-confidential, and automatically becomes our property upon receipt, without any compensation to you. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose. Specifically, we are free to use any ideas or concepts contained in any such Unsolicited Submission for any purpose whatsoever, without any compensation or notice to you. The Company does not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you.
3. Intellectual Property
We and our licensors own all right, title and interest in and to the Site, our products featured on the Site, all the text, content, graphics, interfaces, code and materials thereon or therein, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership in or rights to any of the foregoing. The Site is copyrighted as a collective work under the United States' and other copyright laws, and is the property of the Company. The collective work may include works that are licensed to the Company. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the "Marks") are subject to the trademark rights of, and are proprietary to, the Company. Company does not grant any license or other authorization to use the Marks except through a separate written license agreement. Any trademarks or logos of third parties we reference only for information purposes and make no claim to own or control such third party intellectual property.
4. Third-Party Links
The Sites may contain links to other third party websites (not operated by us or our affiliates), which may be of interest to you. We are not responsible for the content of any third party websites linked to the Site. Your use of any other linked website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate. Our linking to a third party website is not an endorsement of the website, its content or operator.
5. Privacy Policy
Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information to the Site. The Privacy Policy is hereby incorporated and made part of these Terms.
6. Disclaimer
THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON AND THEREIN, ARE EACH PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
We reserve the right to correct errors on the Site, provided we have no obligation to do so. Our aircrafts shown on the Site may not be available in all locations or to all users or persons requesting access to them.
7. Limitation of Liability
IN NO EVENT SHALL WE (INCLUDING OUR AFFILIATES), OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE OR YOUR USE OR MISUSE OF THE SITE, EXCEED, IN THE AGGREGATE, $10 (UNITED STATES DOLLARS).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Indemnity
You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting in any way from your use or misuse of the Site, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, any third party right or of these Terms, or any activity otherwise related to your use of the Site (including negligent or wrongful conduct), by you or any other person accessing the Site using an account registered to you.
9. Jurisdictional Issues
The Site is operated out of the United States and our products, services, materials, offers, and information appearing on the Site are intended for U.S. users and may not be available to users outside of the United States. We make no representation that materials or information on the Site is appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on the Site in violation of United States' or any other jurisdiction's export, re-export, or import laws and regulations.
10. Miscellaneous
These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the federal and state courts in Santa Clara County, California. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, we and you nevertheless agree that the court should endeavor to give effect to our joint intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. BY USING THE SITE, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR BE FOREVER BARRED. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between us and your nor trade practice shall act to modify any of these Terms. We may assign or delegate our rights and duties under these Terms to any party at any time without notice to you.
11. Contact Us
If you have any questions about these Terms, please feel free to contact us at privacy@pivotal.aero.